IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. NATARAJAN, JOHNSON JOHN, JJ
EX NO. 15364696 H HONY NB SUB SURESH BABU R – Appellant
Versus
UNION OF INDIA – Respondent
| Table of Content |
|---|
| 1. arguments presented by both parties (Para 2 , 3 , 6) |
| 2. challenging the armed forces tribunal ruling (Para 4) |
| 3. court observations on tribunal's contradictory findings (Para 5 , 7 , 8 , 9) |
| 4. final directive for fresh appeal consideration (Para 11) |
K. NATARAJAN .J This Writ Petition is filed by the petitioner for setting aside the order passed by the Armed Forces Tribunal, Regional Bench, Kochi, in Ext. P3, and for a declaration that the disability of the petitioner is attributable to or aggravated by military ser- vice, and for directing the respondents to issue a PPO sanction- ing the disability element of pension at 20% with effect from 01.05.2012.
2. We heard the arguments of the learned counsel for the petitioner and learned CGC.
3. We have perused the order passed by the Armed Forces Tribunal, particularly paragraphs 11 and 12 of the im- pugned order, the said paragraphs read as under:
4. The learned counsel for the petitioner contended that, though the petitioner was posted in various field areas and marginalized field areas, he was suffering from hypertension and hyperthyroidism for 13 years. He was discharged from ser- vice on 01.05.2012. He approached the aut
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